Browsing "Aftermath: Despotism"

A “Forbidden Journey”

New Hampshire native President Franklin Pierce was well-aware of the increasing sectionalism pushing the South toward secession, and Northern States erecting laws in conflict with federal law. He would not countenance State obstruction of constitutional obligations while they remained within the Union. He also understood, as Lincoln seemed not to, that the comity of the States was the glue binding the Union together. Without this, the Union was at an end and brute force could not save it.

Bernhard Thuersam, www.Circa1865.org

 

A “Forbidden Journey”

“President Pierce’s affinity for the rule OF law in contrast to the rule BY law explains why such scorn has been heaped upon his presidency.

President Lincoln, had he complied with the rule of law and deferred to the U.S. Constitution on the issues of secession, the writ of habeas corpus, the blockade of Southern ports, etc., may have presided over the realignment of the Union, but he also would have placed the rule of law on a constitutional pedestal that would have constrained subsequent presidents from disregarding constitutional constraints in the quest for power.

But Lincoln’s claim to fame is not that he adhered to the rule of law, but that he had the audacity to disregard it.

Lincoln’s unfortunate legacy is that he destroyed American federalism by creating a coercive indissoluble Union. Consequently, the policy prerogatives of imposition, nullification, and secession are now placed beyond the grasp of the States. Nevertheless, the ever-expanding national government’s powers continued to occupy the efforts of the courts in post-bellum America.

A case in point is Justice [George A.] Sutherland’s opinion in Carter v. Carter Coal Company (1936) a case which stemmed from FDR’s expansion of national powers vis-à-vis the States Tenth Amendment police powers. Justice Sutherland articulates the anti-Lincoln premise that “The States were before the Constitution; and consequently, their legislative powers antedated the Constitution.”

To concede otherwise is to begin a “forbidden journey” through which the national government takes over the “powers of the States” and the States “are so despoiled of their powers” that they are reduced to “little more than geographical subdivisions of the national domain. It is safe to say that when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it never would have been ratified.”

Justice Sutherland’s logic is just as applicable today, with the qualification that the “forbidden journey” has progressed to where the national government may be so “despoiled of its powers” that it will be reduced to “little more than geographical subdivisions” of the international domain.

In conclusion, America is in trouble. With unmanageable public debt . . . and fiscal obligations in excess of one hundred trillion dollars, not to mention the cultural and political state of the Union, Americans continue to pay homage to the villains that laid the tracks to our present sorry state of affairs.”

(President Franklin Pierce and the War for Southern Independence, Marshall DeRosa; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 38-40)

 

History as a Tool for Manipulating the Masses

History as a Tool for Manipulating the Masses

“[Mitch] Landrieu’s speech praising his own actions in the advancement of the Eternal Reconstruction of his beloved “bubbling cauldron of many cultures” was hailed far and wide, and the local leftist paper, the Times-Picayune, proclaimed him the inevitable frontrunner for the Democratic nomination in the 2020 election.

[That] oration at Gallier Hall was scheduled to coincide with the conclusion of the removal of the 16’-6” Robert E. Lee statue, which had, since 1884, presided over Lee Circle atop a column some 70 feet tall.

In its obituary [of Lee’s passing in 1870], the New York Times praised Lee’s character and singular talents, though it decried his participation in the “rebellion” and referred to his perceived duty not to “raise his hand against his relatives, his children, and his home” as an “error of judgment,” a participation in a “wicked plot.”

Two days later, the Times declared that “The English journals are teeming with eulogistic obituary notices of Gen. Lee.” One week later, it reported glowingly on a gathering at none other than Cooper Union, “in a tribute to Robert E. Lee.”

It is noteworthy that none of these papers, Northern, Southern, or European, mentioned a war prosecuted either to extinguish or to defend Southern slavery, let alone a conflict to settle the future of “white supremacy.” For the South, it was a defensive war against an overweening, nationalist invader. For the North, it was a war to quell a “rebellion” against a Union that was somehow sacred and indissoluble.

Abraham Lincoln, remembering his revenues, had not threatened slavery where it already existed, had promoted an amendment to the Constitution guaranteeing that the peculiar institution would live in the South in perpetuity (the “Corwin Amendment”), and in his 1862 Emancipation Proclamation held out the promise that any State in “rebellion” which would rejoin the Union could keep its slaves.

White supremacy was quite simply the status quo in every State, North and South, whether blacks were enslaved or free, before and after the war.

[So long] as race-baiting politicians can incite resentment to garner votes from a near-permanent black underclass and (now) a generation of white adults taught to hate their ancestors and view all history through the lens of Critical Race Theory. It is a clever means of changing the subject while the percentage of blacks in New Orleans living in poverty (and subject to violent crime) soars above that of the rest of America, a reality attested to by Ben C. Toledano in “New Orleans: An Autopsy” ten years ago.

The rule of Leftist Supremacists, from Moon Landrieu in the 70’s through six black Democratic mayors and up to Moon’s son Mitch, hasn’t altered these deplorable conditions, nor has the removal of Confederate monuments which, Landrieu admits, he never paid any mind to when growing up in New Orleans. The past is only a tool for manipulating the masses in the name of Progress, which translates into power for men like Landrieu.”

(The Discarded Image, Aaron D. Wolf, Chronicles, July 2017, excerpts pp. 36-37, www.chroniclesmagazine.org)

Black Democrats Jeered and Hissed in 1876

During the 1876 gubernatorial campaign to rescue his State from the Radical rule of the corrupt Massachusetts-born governor, Daniel Chamberlain, Democratic candidate Wade Hampton challenged the many blacks in his audiences to advance to a new level of freedom. “You have, ever since emancipation been slaves to your political masters [of the Republican Party]. As members of the Loyal [Union] League you have been fettered slaves to a party.” Since the war’s end, Radical Republicans used the Union League to elect its candidates, suppress political opposition, and terrorize black men who sided with Democrats.

Bernhard Thuersam, www.Circa1865.org

 

Black Democrats Jeered and Hissed in 1876

“City of Dreadful Night.” Always the words recall two nights in Charleston almost exactly ten years apart – September 1, 1886, the night after the earthquake, September 6, 1876, [the] night of the King Street riot. The riot was the worse, by far, to live through.

The riot night there was tumult and confusion of hate and fear and pistol shots, howls of wild rage, savage threats and curses, appeals of pursued and bloody men for rescue, mercy and life. The riot could have been prevented. All know that now.

It was one of the tragic incidents of the 1876 campaign and . . . it gave Charleston perhaps the most fearful night of her eventful history. The white people were overconfident. They knew unrest and anger were seething and increasing among the Negroes and were prepared to resist and suppress an outbreak; but the outbreak came before it was expected . . .

Looking back it is easy to see that the storm signals were plain. The Radical Republican leaders had noted with growing dismay and fury the slow but steady additions to the number of Negroes enrolling in Democratic [party] clubs, for one reason or another. A riotous attack had been made on the Negro club in Mount Pleasant.

The meeting of the Democratic club of Ward 8, August 31, in the old carriage factory, Spring Street near Rutledge Avenue, was invaded by a number of boisterous [Republican] Negroes who interrupted . . . [as they sought an] opportunity to injure Isaac Rivers, a huge black man and an effective speaker, working for the Democrats, and J.W. Sawyer, another colored speaker. Rivers and Sawyer were hustled, threatened and cursed, but escaped uninjured.

On the night of September 5 . . . On motion of Colonel J.D. Aiken a committee of seven was appointed charged especially with protection of colored Democrats.

[A] mob of Negroes packed the street around the entrance to the meeting place of Ward 5. The white men formed a square, with Rivers and other Negro Democrats in the middle, and marched into King Street through a roar of jeers and hisses. They were aided by police and the disturbance ended.

A meeting of the colored Democratic club of Ward 4 was held the night of the sixth at Archer’s Hall, King Street, J.B. Jenkins, vice-president, presiding. The Hunkidories and Live Oaks, Negro Radical Republican secret organizations had gathered their forces and were massed, waiting, in King Street, armed with pistols, clubs and sling shots, the last made with a pound of lead attached to a twelve-inch leather strap and providing a deadly weapon at close range.

Mr. Barnwell led the white men gallantly. They checked to mob by firing pistols just over the heads of those in the front rank . . . the police arrived at the nick of time, charged, used their clubs and were resisted fiercely. At Citadel Green the fighting became desperate . . . and several police were insensible or disabled.

A new mob of Negroes poured out of John Street, shrieking “Blood!” A black policeman named Green and J.M. Buckner, white, were shot, fell, and were drawn out of the fighting crowd with difficulty. The fifteen white men who remained on their feet struggled into the Citadel grounds and delivered the Negro Democrats, none of whom was injured.

Then the whites fled as they could and the Negro mob took the street [and] divided into gangs of fifty to one-hundred and paraded, firing pistols, defying the police, chasing and mercilessly beating every white man they could see and catch, smashing store windows, shouting threats to exterminate the white population.

The main guard house was filled with wounded white men, some of them picked up insensible and probably left for dead. Mr. Buckner was seen to be dying. Several policemen were fearfully wounded. Two reporters for the News and Courier sent to the scene of the riot were beaten, struck with stones and rescued by police only with much effort.

Panic spread fast and everywhere as people understood that war had begun on race lines and that Negroes appeared to have possession of the city. White men were compelled to stay in their homes with shivering and terror-stricken families because any white man venturing on the street alone invited death uselessly.”

(Hampton and His Red Shirts: South Carolina’s Deliverance in 1876, Alfred B. Williams, Crown Rights Books, 2001 (original 1935), excerpts pp. 119-121)

Neutralizing Maryland

After the armed resistance by Marylanders against Northern troops passing through their State in April 1861, the “Northern press howled for revenge on Baltimore and for the subjugation of Maryland.” Business in that city was at a standstill and the Potomac was patrolled by an armed flotilla aimed at cutting off Maryland from Virginia and the Southern Confederacy. On May 2, the New York Times suggested employing the same “experiment so successfully tried in Maryland” on Virginia. Secession, wrote the newspaper, was simply the result of a mob, and the “army . . . should immediately advance South to act as a local police. The mob at Richmond would prove to be as cowardly and contemptible as at Baltimore.”

Bernhard Thuersam, www.Circa1865.org

 

Neutralizing Maryland

“While other States of the South seceded peacefully and of their own free will, Maryland could not. In the final analysis, Maryland was forced to stay in the Union.

The end of the secession movement in Maryland, at least the de jure end, came on November 6, 1861, with the Union Party’s overwhelming victory in the State legislative contests and the election of their candidate, Augustus W. Bradford, as governor.

The election destroyed secessionist hopes of taking Maryland into the Confederacy, and many Marylanders who sympathized with the South fled across the Potomac to join fellow citizens who had already been recruited to Confederate arms by a station set up in Baltimore.

Following the election, federal authorities with State cooperation “promptly suppressed all signs of secession sympathy of an active nature . . . Maryland became in fact as well as in name a loyal State.”

Bradford, until 1861 a relatively little known politician, was an unconditional Unionist and therefore received the support of the Lincoln administration, as did his Union Party. Indeed, he scored an impressive victory – the margins of which were so skewed that many question their authenticity. Bradford won with 57,000 votes to his opponent’s 26,000, and his party won sixty-eight seats in the House of Delegates to only six for the opposition. Secessionists and others opposed to Lincoln naturally cried foul.

The Baltimore South gave its “Union friends . . . great credit for the moderation exercised as there was no earthly reason, beyond the expense of ticket printing, why the majority (in Baltimore) should have been 40,000 instead of 14,000.” The journal had been “reliably informed that the Federal troops from every section of the country kindly aided their Union friends here, and deposited their ballots in as many wards and precincts as suited their convenience.”

This wry report from a secessionist newspaper should be read for what it is, but [one writer] makes the compelling point that, “The size of the majority made no difference for the Lincoln administration could have made it what it chose by applying the test oath more strictly, and by arresting the State Rights men.”

Bradford did appear to be elected by fraudulent means, and some question, given the results, why an election was held at all. It was held, of course, because the Lincoln administration badly wanted the country, and the European governments closely watching developments across the Atlantic, to believe that, constitutionally speaking, things were still working normally and that most Americans supported the Administration.

Once Lincoln and the War Department determined that Maryland had to be neutralized, they were forced to implement drastic policies.”

(A Southern Star for Maryland, Maryland and the Secession Crisis, 1860-1861, Lawrence M. Denton, Publishing Concepts, excerpts pp. 116-119)

The True Result of Appomattox

Lincoln’s war administration and deficit financing ushered in the modern American state which remains in existence today. The various Bureaus, Departments and revolutionary measures created for the purpose of increasing federal power were all linked to his total war-effort, including the restructuring of currency and banking. Author Bruce D. Porter (War and the Rise of the State, Free Press, 2002) wrote that “Appomattox thus represented not just the defeat of the South, but the defeat of the whole Southern economic and political system, and the triumph of a state-fostered industrial and financial complex in the North.”

Bernhard Thuersam, www.Circa1865.org

 

The True Result of Appomattox

“[in Herman Melville’s postwar] poems he recognized the tremendous costs, especially through the loss of freedom and the end of the founders’ dream for America as a result of the North’s victory. He viewed the construction of the new iron dome on the Capitol in Washington, DC, which replaced the wooden one, as a symbol of America’s future.

Bruce Porter’s well-documented study [of the war] relates some of the economic costs of the Civil War:

In connection with the war the Lincoln administration attempted to intervene in areas of the national life that the federal government had never touched before . . . Prior to 1861, the national government had been a minor purchaser in the American economy. During the war, it became the largest single purchaser in the country, a catalyst of rapid growth in key industries such as iron, textiles, shoe manufacturing, and meat packing . . .

The Civil War spawned a revolution in taxation that permanently altered the structure of American federalism and the relationship of the central government to the national economy. Prior to the war, over 80 percent of federal revenue had come from customs duties, but despite several upward revisions of the tariffs during the war, those could provide only a fraction of what was needed to sustain the union armies.

On August 5, 1861, the first income tax in US history came into effect, followed by the Internal Revenue Act of 1862, which levied a whole series of new taxes: stamp taxes, excise taxes, luxury taxes, gross receipt taxes, and inheritance tax, and value-added taxes on manufactured goods. The latter Act created the Bureau of Internal Revenue, perhaps the single most effective vehicle of federal power ever created . . .

Neither taxes nor paper dollars, however, came close to covering the enormous costs of the war. Dire fiscal straits forced the federal government to borrow over 80 percent of its cost, or more than $2.6 billion. [The] Lincoln administration created a captive source of credit by granting a monopoly on issuance of the new national currency to banks that agreed to purchase large quantities of federal bonds . . . [and] agree to accept federal regulation and federal charters. Thus, almost overnight, a national banking system came into being.

[Author] Eric Foner writes that the fiscal measures represented in their “unprecedented expansion of federal power . . . what might be called the birth of the modern American state . . .”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 28-29)

Kentucky’s Vichy Government

Kentucky Governor Beriah Magoffin replied to Lincoln’s illegal request for troops in April 1861 with “I will send not a man nor a dollar for the wicked purpose of subduing my sister Southern States.” His State government tried in vain to maintain neutrality while he personally championed a peaceful settlement between North and South, and acceptance of the Crittenden Compromise proposed by fellow Kentuckian, John J. Crittenden. With the increasing number of Northern troops in his State and the consequent political intimidation, he was forced from office in favor of a Lincoln-appointed military proconsul.  By waging war against a State and adhering to its enemies, Lincoln committed treason as defined in Article III, Section 3 of the United States Constitution.

Bernhard Thuersam, www.Circa1865.org

 

Kentucky’s Vichy Government

“On August 18, 1861, a meeting was held in Scott County, Ky., of a number of prominent Democrats; and after a full discussion of the situation, it was determined to send commissioners to Washington and Richmond, with a view to ascertaining, if possible, whether the neutrality of Kentucky would be respected by both sides.

Upon the recommendations of this conference, Governor Magoffin appointed Frank K. Hunt and W.A. Dudley, both Union men, as commissioners to Washington, and George W. Johnson commissioner to Richmond.

In the letter to President [Jefferson] Davis sent in response to that written him by Governor Magoffin, an borne by Mr. Johnson, appears the following language, which certainly very logically and properly summed up the situation:

“The government of the Confederate States has not only respected most scrupulously the neutrality of Kentucky, but has continued to maintain the friendly relation of trade and intercourse which it has suspended with the United States generally. But neutrality, to be entitled to respect, must be strictly maintained by both parties . . .”

Mr. Lincoln replied that he did not believe that it was “the popular wish of Kentucky that the Federal force already there should be removed, and with this impression I must decline to remove it.”

This declaration made it plain to men of all shades of political opinion in Kentucky that the occupation of the State by Federal troops would be continued, and that their number would be increased, not only to completely suppress any sentiment in favor of the Confederacy and action taken in that behalf, but in order to make Kentucky a base of military operations against the States further South.

In a very short time after this declaration by Mr. Lincoln, numerous arrests were made of Kentuckians of known Southern sympathies, or of prominent men who ventured even to question the legality of the aggressive acts committed by Union leaders.

George W. Johnson was one of the first and boldest to denounce such tyranny. He escaped arrest by quitting his home and seeking the Tennessee border within a few hours before the soldiers who were ordered to make him a prisoner arrived at his house.”

(Reminiscences of General Basil W. Duke, CSA, Cooper Square Press, 2001 (original 1911), excerpts, pp. 148-149)

A Tradition of Anti-Southern Hatred

In a fit of anti-South hatred, the radical Parson Brownlow of Tennessee told his pro-Lincoln audience that “we will crowd the rebels into the Gulf of Mexico and drown the entire race, as the devil did the hogs in the Sea of Galilee.” Abolitionist Wendell Phillips received cheers from his audience when he called for the near-extermination of American Southerners “and no peace until 347,000 men of the South are either hanged or exiled.” The blue clad soldiers of Sherman and Sheridan practiced wanton destruction of towns, cities and farms where they marched, slaughtering livestock indiscriminately, and leaving little of nothing for women and children – black or white — to eat.

Bernhard Thuersam, www.Circa1865.org

 

A Tradition of Anti-Southern Hatred

“Hatred of the South is not new, and examples of it are legion. Ralph Waldo Emerson declared, “If it costs ten years, and ten to twenty to recover the general prosperity, the destruction of the South is worth so much.” Prior to the War for Southern Independence, and Englishman stated that there was nothing Northerners “hate with so deep a hatred” as Southerners.

In 1862, Gen. Benjamin “Beast” Butler of Massachusetts added the lynch rope to the arsenal of weapons used against the South. A Southern youth made the mistake of removing the invaders flag from a building in occupied New Orleans. He paid dearly for his patriotic enthusiasm [as Butler] ordered the young Southerner hung by the neck until dead!

Such is the tradition of anti-Southern hatred, a tradition inherited and perpetuated by the liberal establishment. To perpetuate [the] liberal myth of history, the liberal establishment, like any other empire, requires a monopoly in the marketplace of ideas . . . [and] controls access to the media. The liberal propagandist rings the bell “slavery” and the masses respond with an outpouring of anti-Southern venom.

Imagine how embarrassing it would be for the liberal establishment if there were general knowledge that Massachusetts was the first colony to engage in the slave trade, that much of the capital used to build the industrial Northeast was amassed from profits of the New England slave trade, that it was primarily the Northern colonies which refused to allow a section in the US Constitution outlawing the slave trade, or that the thirteen stripes on the US flag represent thirteen slave-holding colonies, the majority of which were Northern colonies!”

(Driving Dixie Down – the Destruction of Southern Culture; Why Not Freedom! America’s Revolt Against Big Government, James & Ronald Kennedy, Pelican Publishing, 1995, excerpts pp. 367-369)

Constitutional Convention on the Battlefield

The war of 1861-1865 seemed a violent replay of the 1800 election between Federalist John Adams and Republican Thomas Jefferson – and settling the question of whether New England or Virginia would dominate and guide the country. Author Russell Kirk observed in 1953 that “The influence of the Virginia mind upon American politics expired in the Civil War,” and that it would take 100 years for the ideas of a limited central government and free market ideas to begin a recovery.

Bernhard Thuersam, www.Circa1865.org

 

Constitutional Convention on the Battlefield

“Beginning with the modern civil-rights movement in the late 1950s, it became popular and “politically correct” to proclaim that the Civil War was fought for the purpose of abolishing slavery and therefore was a just and great war. This gave the civil-rights movement much of its momentum, but it also served to injure race relations severely, and further, to mask the immense and disastrous costs of the Civil War, which included the deaths of 620,000 soldiers.

The destruction of the South and its Jeffersonian ideals of a free market, a non-interventionist foreign policy, and a limited central government were replaced by the ideals of Hamilton, thereby completely transforming the American government created by its founders.

The Civil War was, in effect, a new constitutional convention held on the battlefield, and the original document was drastically amended by force in order to have a strong centralized federal government, which was closely allied with industry in the North.

Foreign policy would now become heavily influenced by the economic interests of big business rather than by any concern for the freedom of the individual. Domestic policies of regulation, subsidy and tariff would now benefit big business at the expense of small business and the general population.

Beginning with the end of the Civil War, the American mind and policy would become molded into the image of Hamilton rather than Jefferson.”

(The Costs of War: America’s Pyrrhic Victories, John V. Denson, editor, 1999, Transaction Publishers, 1999, excerpts pp. 27-28)

Chiseled Sentinels of the Confederacy

 

“Whom shall we consecrate and set apart as one of our sacred men? Sacred, that all men may see him, be reminded of him, and, by new example added to the old perpetual precept, be taught what is real worth in man. Whom do you wish to resemble? Whom do you set on a high column, that all men looking at it, may be continually apprised of the duty you expect from them?” Charles Francis Adams, 1907.

The following is excerpted from Hodding Carter’s essay “Statues in the Squares” from Robert West Howard’s “This is the South,” published in 1959.

“[The] statues in the [town] squares [across the South] are more than symbols of gallantry in defeat, or the defeat of gallantry. They are also reminders of, and, in an unstated way, a kind of recompense for the inexcusable aftermath of military subjugation; for they supplanted the plunderers of Reconstruction, whose memory still brought in my boyhood ready curses from the aging veterans of whom we were so proud and not a little afraid.

And it was these old men and their ancient womenfolk, unreconstructed and unforgiving, who passed on to sons and grandsons the truth and legends of wrongs which, in the commission and the remembering, make up the saddest of our nation’s multiple legacies.

And statues are reminders, lastly, of the true nature of the Southern past and of the South’s folk heritage; for beneath the romantic overlay so greatly inspired by a Scots novelist’s tales of knightly derring-do was a frontier land, the stamping ground of Davy Crockett and Mike Fink, of Andy Jackson and Sam Houston, of Nolichucky Jack Sevier and Oglethorpe’s paupers and the unsubdued sons of clansmen who fought at Culloden.

The warriors in marble bespeak that frontier whose hallmarks are the ready rifle and the white-hot temper, the violent workings of a code of honor, a mistrust of the intruder, and the feudal unity of a people whose fields were bounded all around by wilderness.

Because this is so, because the chiseled sentinels of the Confederacy evoke the frontier as surely as they recall a war and a defeat and a needless, consequential humiliation, I would choose first as their companion figures the likenesses of men whose abilities the frontiersmen respect above all others, or whom they would identify with themselves.

It is understandable, since the vanquished always remember the longest, that the South should have so lavishly memorialized her Confederate dead. They died in a war that their survivors lost. Above their graves a nation in being was pounded to nothingness. Understandable, and sad.

For before and after them were other Southerners who fought in other wars. While some of these have been remembered, few of them have been honored enough. Where are the statues to Jeff Davis’ Mississippians and those other soldiers of the Deep South who principally fought the Mexican War?

Lastly, I would erect somewhere in the South, preferably deep in the lower Mississippi Valley, another statue, as anonymous and as representative as the graven Confederates of the courthouse squares, but, unlike these, neither armed, or uniformed.

The figure would be clad in the work clothes of a farmer or the rough garb of a riverman or the unstylish everyday suit of a small-town citizen. His face would reflect the toil, the frustrations, and the sufferings of a people who have passed through a succession of ordeals such as no other Americans region has known: the ordeals of flood and of decimation by malaria and yellow fever; the ordeals of military defeat and of political grinding-down and agricultural ruin and long poverty.

The eyes of this unknown and unsoldierly warrior would be fixed upon the far horizon of the frontiersman; and in the set of his shoulders a sensitive observer would perceive the glory of an indestructible people whose struggle for their rightful place in the sun is all but ended.”

(This is the South, Robert West Howard, editor, Rand McNally, 1959, excerpts pp. 239-241; 245)

The Fierce Yell First Heard at Manassas

The extended trial of Jefferson Davis and his growing support from many Northern men of influence brought the prosecution to the realization that he could never be convicted of treason. “It only requires one dissident juror to defeat the Government and give Jefferson Davis and his favorers a triumph,” argued [US attorney William] Evarts in a carefully planned letter to President [Andrew] Johnson; and he strongly advised that no trial should be allowed.”

Bernhard Thuersam, www.Circa1865.org

 

The Fierce Yell First Heard at Manassas

“Jefferson Davis, broken in health and greatly enfeebled by his confinement, came to Richmond [in May 1867] for his anticipated trial in the custody of General Henry S. Burton, commandant of Fortress Monroe, and stopped at the Spottswood Hotel, Eighth and Main Streets. A huge crowd filled the street in front of the hotel and in the vicinity of the customhouse where the [charge of treason] was to be heard.

He was represented by a remarkable array of eminent Northern attorneys, who had come to the conclusion that he was being treated with great injustice and offered their services. The list included Charles O’Conor of New York, probably the leader of the American bar; George Shea of New York; and William Read of Philadelphia. John Randolph Tucker, who had served as attorney general of Virginia, also was one of the defense counsel, together with Judge Robert Ould and James Lyon, both of Richmond.

O’Conor requested that the trial begin at once, but the government declared that this was impossible. [Presiding] Judge [John C.] Underwood, perhaps impressed by the fact that Davis was represented by such distinguished Northern counsel, said the defendant would be admitted to bail in the sum of $100,000.

The bail bond was promptly signed by such onetime foes of the Confederate President as Horace Greeley, editor of the New York Tribune, and Gerrit Smith, New York reformer and foe of slavery. Another New Yorker who signed was Cornelius Vanderbilt.

As soon as the court announced that Davis would be admitted to bail, someone ran to a window and shouted to the crowd below on Main Street, “The President is bailed!” A mighty roar of applause greeted the news.

When the formalities were completed and Davis was released from custody, he was escorted to his carriage on Bank Street by Charles O’Conor and Judge Ould. As the three men emerged from the building, they were greeted with “that fierce yell which was first heard at Manassas, and had been the note of victory at Cold Harbor, at Chancellorsville, the Wilderness and wherever battle was fiercest. The “rebel yell” reverberated again as the carriage passed along Main Street to the Spottswood.

Silence fell upon the crowd as the vehicle stopped at the hotel door. Then, as Davis rose from his seat to alight, a deep voice boomed the order, “Hats off, Virginians!” Thousands of men uncovered, as a gesture of respect for the brave man who had led them through four years of desperate conflict and then had suffered two more years in prison.

Jefferson Davis was never tried by the Federal authorities.”

(Richmond: the Story of a City, Virginius Dabney, Doubleday & Company, 1976, excerpts pp. 206-207)

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